HEARTHSTONE
MEMBERSHIP AGREEMENT
This
Agreement, between Hearthstone Cohousing, Wonderland Hill Development
Company, and _________________________ , a household acting as one
Member, describes the commitments, options and rights of membership
in Hearthstone Cohousing.
Membership:
All membership in North Denver Cohousing (NDCH) community, dba "Hearthstone",
is defined by household unit, each household representing one Member.
There are differing categories of membership with differing obligations
and privileges. Unless otherwise specified, this Agreement applies
only to Full Members and Intending Members, as defined below.
Full
Members participate in consensus decisions and are expected
to:
 |
Attend
all general meetings possible |
 |
Actively
participate in at least one team (participation by only one
member of a household is acceptable but not preferred). Limited
participation is acceptable for those members residing out of
town. |
 |
Pay
an initial $30 membership fee to NDCH, check payable to Hearthstone,
sent to:
Honey
Niehaus
4730 West 37th Ave #9
Denver, CO 80212
|
 |
Invest
contributions equal to 3.5% of estimated base unit cost, increasing
to 5% of final purchase price at the signing of the Purchase
and Sale Agreement. Checks are made payable to:
North Denver Cohousing, LLC
Wonderland Hill Development Company
745 Poplar Avenue
Boulder, CO 80304
|
 |
Formally
pre-qualify for a mortgage (See Outline of Unit Selection /
Prequalification Process in the Addendum) |
 |
Full
Members will receive a New Member Notebook |
Intending
Members are Members who pay the initial $30 fee to NDCH. In
addition, the Intending Member must pay an additional minimum payment
of $500, (payable to North Denver Cohousing, LLC), sent to Wonderland
Hill Development Company, 745 Poplar Avenue, Boulder, CO 80304.
The Intending Member must commit to additional equal monthly payments
to reach the level of full membership within 4 months of initial
fee payment (unless special arrangements are made with the finance
team). Intending Members:
 |
May
participate in group discussions and decision making with their
first payment but are not allowed to block consensus |
 |
May
select a unit only after becoming a Full Member (See Outline
of Unit Selection/Prequalification Process under Wonderland
Hill Development Policies in the Addendum) |
 |
Intending
Members will receive a New Member Notebook |
Other
requirements and benefits are the same as for Full Members.
Associate
Members have paid the initial $30 fee only. They are allowed
to participate in discussion but are not involved in the decision-making
process.
Observers
may attend an unlimited number of meetings in order to learn more
about North Denver Cohousing and the cohousing concept, but should
play a limited role in group meeting discussions and do not participate
in decision-making.
Withdrawal:
Members may withdraw from North Denver Cohousing at any time, with
agreement to the following provisions:
A.The
initial $30 membership fee that was paid to a member of the process
team, or currently to "Hearthstone", is non-refundable.
B.
Any accrued sweat equity credits are non-refundable.
C.
All cash contributions, including amounts paid for workshops or
to achieve full membership, in excess of the $30 initial fee, will
be refunded by the LLC at the end of the project, provided there
are adequate profits available from the project.
D.
A withdrawing member will notify the Community and Wonderland Hill
Development of their withdrawal by completing a Member
Withdrawal Form and sending it to:
Wonderland Hill Development Company
745 Poplar Avenue
Boulder, CO 80304
E.
Additional contributions of up to $5,000 over the amount required
to achieve full membership, made to earn Bonus Credit, will be converted
to a promissory note dated from January 16, 2000, the end date of
the program, to be repaid at the close of the project.
F.
Money applied by a withdrawing Member toward a 3.5% to 5% down payment
on the purchase of a unit, will be converted to a promissory note,
dated from the Member's date of withdrawal, to be repaid at the
close of the project.
G.
If a Member decides to withdraw following the signing of a Purchase
and Sale Agreement on a unit, the terms of the withdrawal will be
determined by the provisions of the Intent to Purchase Agreement
and are outside the scope of this Membership Agreement. Consult
with Wonderland Hill Development regarding the provisions of the
Intent to Purchase Agreement.
Decision-Making:
All decisions made by the Community are made according to the written
procedures established by the Community (Established Process) and
maintained by the Process Team. Once the Community makes a decision,
the decision is binding on all members unless amended by the Community
through the use of the Established Process.
Unit/Lot
Reservation: Units will be selected according to the Addendum
"Unit Selection Process and Lot
Premium List".
Changes
to this Agreement: This agreement may be amended by the Established
Process of the Community. Upon amendment, members will be obligated
to sign the amendment to the agreement.
Risks
and Disclaimers:
A.
All workshop payments, payments made to achieve full membership,
additional contributions and down payments are at risk. If the project
fails, all or most of the money contributed to the project may be
lost. Expenditures related to the feasibility of the project may
be lost if land proves inadequate or if marketing effort fails to
achieve a 70% presale level by the time of closing of the construction
loan at groundbreaking.
B.
The developer requires a 5% down payment of the final unit cost
at the time the Member enters into a Purchase and Sale Agreement
for the unit, to coincide with the date for closing of the construction
loan at groundbreaking. The developer will give Members as much
advance notice as possible regarding the closing date for the construction
loan.
C.
There are no guarantees or warranties as to the project's timing,
cost of development or units, design and size of units, availability
of financing, or any other contingencies in this project. Final
design, pricing and size of units will be established at the time
a purchase and sale agreement is signed for each unit.
| AGREED
TO BY MEMBER: |
_________________________________ |
DATE: |
____________ |
| AGREED
TO BY MEMBER: |
_________________________________ |
DATE: |
____________ |
| AGREED
TO BY MEMBER: |
_________________________________ |
DATE: |
____________ |
| ACCEPTED
BY : |
________________________________________ |
DATE: |
____________ |
Hearthstone
Cohousing Membership Team for Hearthstone Cohousing
| ACCEPTED
BY : |
________________________________________ |
DATE: |
____________ |
Representative,
Wonderland Hill Development Company
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PARKING
POLICY
Approved
June 8, 2000
Note:
This policy will need to be revisited after all homes have been
occupied and a history of visitors and off street parking has occurred.
I.
Resident Parking:
Each
housing unit within the Hearthstone Community has the right to a
mimum of one designated parking space. A parking space is defined
as either a garage, carport, or an uncovered parking space. If a
housing unit decides in the beginning not to choose a designated
parking space, it retains the right to choose a parking space at
a later date or if the unit is resold the new owner retains that
right.
Units
D & E which include a double garage as part of the unit will not
be allowed additional parking except for Guests who may use the
visitor parking spaces. Units A, B, C, F, and G will have rights
to one parking space and may purchase one additional space if available
on a 1st come 1st serve basis when full membership is reached and
thereafter on a waiting list basis. Ownership of a 2nd parking space
may be terminated at any time if a unit without a parking space
decides to choose one, based on the rights of each unit's minimim.
II.
Visitor Parking:
A
minimum of 4 to a maximum of 7 uncovered parking spaces will be
reserved for Visitors of the community from the hours of 9am til
9pm. After 9pm a resident may use the Visitor's parking spaces as
long as they are out by 9am the next day.
III.
Price of Parking Spaces:
A.
Garage = $10,000.00
B.
Carport = $6,500.00
C.
Uncovered space = $270.00
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PET
POLICY
The
Hearthstone community includes many pets. Hearthstone members acknowledge
the fun, affection, comfort, and meaning these animals add to their
families' lives. We also acknowledge that some members may prefer
neither to have pets nor to interact with others' animals. This
policy regarding pets is intended to promote a harmonious relationship
among pets, pet owners, and non-pet-owners and a peaceful, clean,
and safe environment for all.
Each
pet owner is responsible for their animal's behavior and should
see to it that their pet is not a nuisance or danger to others.
If a member has a concern about a specific animal, he/she should
speak directly to the owner.
Please
do not bring pets into the common house. Service animals are an
exception. Leashed animals may accompany their owners who are picking
up mail in the atrium.
Dogs
should not be allowed to wander loose. Owners are responsible for
thoroughly cleaning up their dogs' poop at the time of deposit.
Owners are expected to ensure that their dogs do not bark excessively
and to be responsive to concerns expressed by others regarding dog
noise or other problem behavior.
Cats
should not be allowed out without a collar and bell, in order to
protect the bird population. Owners of outdoor cats are expected
to do their best to monitor potential problem behavior and to be
responsive to concerns expressed by others.
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ASSOCIATE
RESIDENT POLICY
Definitions
Associate
Resident: Any nonowner living in the community for more than 60
days is considered an Associate Resident. Associate Residents may
include renters, family members, and/or friends. Associate Residents
are expected to participate fully in community activities.
Guest:
A person staying in the community less than 60 days is considered
a Guest. Guests are not expected to participate in community activities,
but they are welcome to do so.
Owner:
A person who owns a unit individually or jointly and occupies that
unit is an Owner.
Absentee
Owner: A person who does not live at Hearthstone and instead rents
out his/her unit is considered an Absentee Owner.
Intent
of Hearthstone Associate Resident Policy
In order
for this policy to capture community expectations for any type of
long-term nonowner resident, it is titled Associate Resident Policy
rather than "rental policy." The policy is designed to preserve
the integrity of the community as well as protect it from potentially
negative situations. The policy is intended to establish fairness
and clarify expectations for both Associate Residents and Owners.
Consensus by the community can create special exceptions to or exemptions
from this policy for any Associate Resident or Owner, with the intent
of improving rather than limiting community living.
Associate
Residents should be integrated fully in terms of participation in
our community. They need to be known to us and we to them so that
we can develop the bonding and trust that allows us to feel safe
and to be assured that our children can feel safe with every adult
in the community. This implies that persons not interested in participating
are not appropriate for long-term (more than 60 days) residence
at Hearthstone.
Expectations
for Owners Who Wish to Rent or Expand Their Household
When
deciding whether to rent out part of their home, community members
are asked to consider that adding population to Hearthstone has
an impact on the whole community. Hearthstone members have decided
that, for the good of the community, there will be limitations on
the number of Associate Residents living in Hearthstone. The maximums
are as follows: either 6 separate households with associate residents
or 12 individuals at any one time.
Owners
must have Associate Residents who are renting sign a lease, a copy
of which will be kept on file by the Board of Directors. A Community
Living Policy, including guidelines on subjects such as pets, smoking,
guns, and parking, will be signed by renters as an addendum to the
lease. Nonrenting Associate Residents are also expected to sign
the Community Living Policy.
Expectations
for Associate Residents
Associate
Residents, like new Owners, are expected to attend an orientation
to the community. Associate Residents as well as Owners will be
asked to sign a Participation Agreement when moving into Hearthstone.
Absentee
Ownership
Absentee
ownership is not encouraged at Hearthstone. However, if absentee
ownership does occur, such an Owner is required to have an Owner
who lives at Hearthstone manage his/her property. On-site management
provides Associate Residents with information and support; it also
provides Hearthstone with a channel for dealing with any issues
that may arise involving Associate Residents.
Issues
of Compliance
It
is in the best interest of the community to ensure that community
goals, values, and quality of life are preserved and that all residents
comply with this policy, with Hearthstone bylaws, Hearthstone Covenants,
Conditions and Restrictions (CC&Rs), and City of Denver zoning regulations
and building codes as specified in Hearthstone's CC&Rs. Approval
must be sought for any variance that will affect the well- being
of the community, as specified in this policy.
Exceptions
to the Hearthstone Associate Resident Policy
Exceptions
may be made to anything in this policy for special circumstances.
If the percentage of Absentee Owners in the community reaches more
than 10 percent, this policy will be reconsidered by the community.
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HOME
BUSINESS POLICY
The
intent of the Home Business Policy is to ensure that the residential
character of the Hearthstone community is preserved. It is understood
that many residents who work the majority of the time elsewhere
may also have home offices. This policy addresses members whose
primary place of business is their home -- e.g., child care providers,
therapists, product salespeople.
Residents
are asked to ensure that their home businesses (a) are permitted
under local zoning codes; (b) use unlit, discreet signage on their
unit; (c) involve no parking needs beyond those equivalent to having
a visitor; and (d) cause no undue negative impact on the community
-- i.e., do not significantly increase traffic to and around the
community, are not a source of objectionable noise, do not involve
any illegal activity.
As
a courtesy, residents planning to engage in a home business are
asked to share their plans with the community so that questions
can be answered and potential concerns addressed.
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